City of London Police recently discovered and seized approximately 6,000 illicit records, valued at almost £260,000, at a warehouse in Luton. The perpetrators were seemingly seeking to take advantage of the recent surge in demand for physical media which has seen a marked increase in the commercial value, with 7.6 million vinyl records having been sold in the UK last year.
Acts of copyright infringement are most commonly pursued through the civil courts. However, there are occasions where severe copyright infringement cases, such as manufacturing and offering for sale infringing copyright works in vast quantities like fake music records, IPTV streaming services and fashion, can attract criminal proceedings. Though no arrests have yet been made in this case, if charged those responsible could face up to three-months imprisonment and a maximum £50,000 fine if convicted summarily, or up to ten years and an uncapped fine if convicted on indictment.
While the criminal provisions within the CDPA are rarely used, they are invoked most often where there would be a public benefit to preventing further infringements. In this instance, the British Phonographic Industry assisted with police efforts in order to prevent further financial harm to the artists and to the music industry as a whole, and to stop counterfeiters from deceiving vinyl collectors. Counterfeit versions of some best-selling albums have been priced online at almost £1,000. This ties in with recent police efforts to curb infringements in relation to sports streaming, with concerns that the proceeds from counterfeit goods and unlawful services are used to fund other criminal activities. For now, the British Phonographic Industry will certainly continue to monitor the counterfeit vinyl market for further infringements.
This again demonstrates the importance of taking strong action against large-scale infringements and the benefit of a holistic, multipronged approach to tackling those infringements.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
